Clearing a flat after a death: Swiss legal position

The clearance of a flat after a death is governed by the Swiss Civil Code (ZGB) and Code of Obligations (OR). They determine who may dispose of the household contents, from when and who pays. If you follow the correct sequence, you need clear the property only once and can retain the option of disclaiming the inheritance until the end.

The estate passes to the heirs as a whole

On death, the heirs acquire the inheritance in its entirety by operation of law (Art. 560 ZGB). Ownership, possession and claims pass to them. The deceased person’s debts become their personal debts. The tenancy also passes to them: from the date of death, they are the tenants, owe the rent and must return the flat empty at the end.

Who inherits is determined by a will or inheritance agreement (Erbvertrag). If neither exists, statutory succession by family branch applies: descendants before parents, and parents before grandparents. The surviving spouse or registered partner inherits a legally defined share alongside each of these branches.

Several heirs may act only jointly

If the deceased leaves more than one heir, a community of heirs (Erbengemeinschaft) is formed (Art. 602 ZGB). The heirs own the estate jointly and may dispose of it only together. Unanimity is the rule. There are no majority decisions.

A clearance involves disposing of estate assets. It requires the consent of all heirs. One heir may take urgent measures alone only, such as arranging the repair of water damage or securing the flat. If an heir prevents the clearance or cannot be reached, any co-heir may ask the authority to appoint a representative of the heirs (Erbenvertreter) (Art. 602 para. 3 ZGB). In the Canton of Zurich, the district court at the deceased’s last place of residence is responsible. → Community of heirs and clearance: who decides and who pays

The certificate of inheritance provides access to accounts and property

The certificate of inheritance (Erbbescheinigung) is official proof of who the heirs are (Art. 559 ZGB). Banks and property managers require it before releasing accounts or amending contracts. A clearance company should also request it.

It is issued only once the identity of the heirs has been established: after the disclaimer period has expired or after all heirs have declared their acceptance. In the Canton of Zurich, it is issued by the district court, sitting as a single-judge court, at the deceased person’s last place of residence. Until then, the accounts are usually frozen. The heirs must therefore provide advance funding for the clearance.

Three months to disclaim the inheritance

No one is required to inherit. Each heir may disclaim the inheritance within three months (Arts. 566 and 567 ZGB), by making a declaration to the district court in the Canton of Zurich. For statutory heirs, the period begins when they learn of the death. For appointed heirs, it begins with official notification of the will. Anyone who does not respond is deemed to have accepted.

Art. 571 para. 2 ZGB has the most significant consequences for clearing the flat: anyone who intervenes in the affairs of the estate or appropriates estate assets loses the right to disclaim. Clearing the property before the deadline expires constitutes such intervention. Preservation measures, such as locking the flat or emptying the fridge, do not.

If all the nearest heirs disclaim, the bankruptcy office (Konkursamt) liquidates the estate (Art. 573 ZGB). The office is then responsible for the clearance. → Disclaiming an inheritance: deadline, consequences and the flat

Sealing and inventory by the notary’s office

After a death, the inheritance authority takes the necessary protective measures on its own initiative (Art. 551 ZGB). The ZGB provides for sealing (Art. 552 ZGB) and an inventory (Art. 553 ZGB). The cantons regulate when these measures are ordered. In the Canton of Zurich, the notary’s offices act as inheritance authorities.

No one may enter an officially sealed flat, including the heirs. Sealing is ordered if it is unclear who the heirs are or if an heir requests it. The inventory records the contents of the estate and, in the Canton of Zurich, also serves tax purposes. Both prevent clearance until the authority releases the flat. → Sealed flat: what heirs need to know now

The public inventory as an intermediate option

Anyone who does not know whether the estate has more debts than assets may request a public inventory (öffentliches Inventar) within one month (Art. 580 ZGB). The authority records the assets and debts and issues a public notice requiring creditors to register their claims (Art. 582 ZGB). Once the process has been completed, the heirs have one month to declare whether they accept or disclaim. They may also request official liquidation (Arts. 587 and 588 ZGB).

Anyone who accepts subject to a public inventory is generally liable only for the debts recorded in the inventory (Art. 589 ZGB). During the procedure, the heirs may perform only necessary acts of administration (Art. 585 ZGB). Clearance is not one of them. In the Canton of Zurich, the notary’s office conducts the procedure. → Public inventory: the intermediate option for uncertain heirs

Official liquidation as another option

As a third option alongside acceptance and disclaimer, any heir may request official liquidation (Art. 593 ZGB). The authority or an estate administrator appointed by it then pays the debts, realises the estate assets and transfers any surplus to the heirs. The heirs are not liable with their own assets, but lose all influence over the realisation of the estate. The request becomes void as soon as a co-heir accepts the inheritance unconditionally.

The liquidation authority arranges the clearance. The family is no longer involved. If the estate has more debts than assets, the authority transfers the procedure to the bankruptcy office.

Ending the tenancy without accepting the inheritance

The tenancy does not end on death. The heirs may terminate it with the statutory notice period to the next statutory termination date (Art. 266i OR), with three months’ notice for residential property (Art. 266c OR). Contractual minimum terms or longer notice periods do not apply to them. Notice must be given in writing and signed by all heirs or by the executor.

Giving notice is an act of administration and does not constitute acceptance of the inheritance. It is possible and advisable even during the disclaimer period because every month without notice costs the estate another month’s rent. The contract can be ended sooner by proposing an acceptable replacement tenant (Art. 264 OR). → Ending a residential tenancy after a death

Returning the property empty and in the contractually required condition

When the tenancy ends, the flat must be returned in the condition resulting from its contractually agreed use (Art. 267 OR). It must be empty and clean. Signs of normal wear and tear are permitted. Renovation or repainting is not required unless there is damage beyond normal wear and tear.

The landlord must inspect the flat when it is returned and report defects immediately (Art. 267a OR). Later claims for defects not reported immediately are excluded, except for hidden defects. The heirs should attend the handover and have any objections entered directly in the handover report.

The rent deposit forms part of the estate. The bank releases it only with both parties’ consent or on the basis of a judgment or a final payment order (Art. 257e OR). The landlord therefore cannot retain it for repainting that the heirs are not required to pay for. What is and is not required when the property is returned is explained in Must the flat be renovated after a death?.

Liability for the estate’s debts

The heirs are jointly and severally liable for the deceased’s debts (Art. 603 ZGB), meaning that each is liable for the full amount with their own assets. Outstanding rent and the clearance are paid from the estate before it is divided. If the estate is insufficient, the heirs bear the balance. Anyone unable to assess the risk can protect themselves by requesting a public inventory or disclaiming the inheritance. Joint and several liability does not end when the estate is divided. It becomes time-barred only five years later (Art. 639 ZGB).

Saleable estate items credited against the clearance costs are estate assets. Each credit should therefore appear separately in the quotation with its estimated value, so that the co-heirs can understand it.

Executor appointed by will

If the deceased appointed an executor (Willensvollstrecker) in their will (Art. 517 ZGB), the executor administers the estate and prepares its division (Art. 518 ZGB). The executor may commission the clearance alone and pay for it from the estate. The heirs may not give the executor instructions. They are entitled to information and may submit a complaint about the executor to the supervisory authority.

In practice, the executor’s certificate (Willensvollstreckerzeugnis) provides the simplest basis for commissioning a clearance. In the Canton of Zurich, it is issued by the district court that also opens the will.

The timeline for clearing a flat

• Days 1 to 2: report the death to the civil register office (Zivilstandsamt). Submit any existing will to the authority without delay (Art. 556 ZGB).
• First week: secure the flat, empty the fridge, arrange mail forwarding and inform the property manager.
• Within 1 month: request a public inventory if the estate’s position is unclear.
• As early as possible: give notice to end the tenancy and look for a replacement tenant.
• Within 3 months: accept or disclaim the inheritance. Until then, the household contents remain where they are.
• After the deadline: obtain the certificate of inheritance from the district court and obtain clearance authority from all heirs.
• One to two weeks before the handover: clear the property, followed by final cleaning.
• Handover: attend and return all keys. The deposit passes into the estate after the inspection.

The first thirty days in detail: After a death: checklist for the first 30 days.

Räumen & Werten usually inspects properties in the Canton of Zurich within a few days and then provides a fixed price including a credit for saleable items. We set the clearance date only after the disclaimer period has expired for all heirs. → Estate clearance in Zurich

This overview describes the general legal position and is not a substitute for legal advice on an individual case.